The Licensing Sub-Committee of Bromley Council met on Friday 27 September 2024 to consider an application to vary the premises licence for 10 Below, a nightclub located at 1-4 Station Buildings, Southend Road, Beckenham BR3 1SD. The committee granted the variation with amendments to the proposed hours and conditions, and also approved an updated plan of the premises.

Application to Vary Premises Licence at 10 Below

The Licensing Sub-Committee considered an application to vary the premises licence for 10 Below, a nightclub in Beckenham. The application sought to extend operating hours for the sale of alcohol, live and recorded music, late-night refreshment, and general opening hours on Thursdays and Sundays, as well as on Christmas Eve, New Year's Eve, and all public and bank holidays. The applicant also requested modifications to existing conditions regarding the number of SIA Door Supervisors, the use of plastic cups, and the age restriction for entry.

The Application:

The applicant, Boom Boom Events Ltd, sought to extend operating hours on Thursdays from 11:00 to 01:00 to 10:00 to 02:30, and on Sundays from 12:00 to 22:30 to 12:00 to 01:00. They also requested extended hours of 10:00 to 04:00 on Christmas Eve, New Year's Eve, and all public and bank holidays. Changes to conditions included:

• Conditions 20 and 22 (SIA Door Supervisors) to apply only when operating as a nightclub, with flexibility for private hire events based on risk assessment.
• Removal of Condition 33 (all drinks in plastic cups), with clarification that champagne, premium spirits, and wines could be served in original glass bottles by waiter service, but all other drinks would be in plastic.
• Removal of Condition 35 (no persons under 18 after 21:00) to apply only for privately booked family or business events.
• An updated plan showing only the lower floor of the premises was also submitted.

Licensing Policy and Cumulative Impact:

The premises is located within the Beckenham Town Centre Cumulative Impact Area (CIA)¹ , which means the Council's policy is to refuse variations unless the applicant can demonstrate no further detrimental impact on the promotion of licensing objectives. However, statutory guidance allows for individual circumstances to be considered.

Applicant's Case:

The applicant's directors explained that they currently use Temporary Event Notices (TENs) to extend hours and wished to incorporate these into the premises licence to reduce administrative burden. They stated that not all extended hours would be used for every event. The business highlighted its dispersal policy, which includes door staff managing traffic from the car park and patrolling the surrounding area to minimise nuisance to neighbours. They were also considering additional soundproofing. The applicant clarified that while Fridays and Saturdays would remain primarily a nightclub, other days might host events, including private functions.

Objectors' Case:

Thirteen valid objections were received from local residents and Councillor Chloe-Jane Ross. Concerns focused on:

• Crime and Disorder: Fears of increased crime and disorder due to extended hours, particularly with limited police presence late at night. Residents cited existing issues with anti-social behaviour, violence, drug dealing, and reckless driving.
• Public Nuisance: Significant noise from patrons leaving the premises, shouting, car doors slamming, and loud music from vehicles. Residents reported issues with litter, public urination, and vomit, impacting their sleep and quality of life. The Sunday extension was noted as particularly concerning as it would affect residents before a working day.
• Public Safety: Concerns about patrons being left with no transport at 4 am, leading to loitering and potential safety risks. Residents also expressed feeling unsafe walking in the area late at night.
• Protection of Children from Harm: Extended hours were seen as detrimental to children's sleep on school nights, and concerns were raised about the potential removal of the under-18 restriction for private events.

Decision:

The Sub-Committee decided to grant the variation with amendments, concluding that the original application as made would harm the licensing objectives. The decision was based on balancing the applicant's business needs with the concerns raised by residents and the council's licensing policy.

Key Changes Approved:

• Thursdays: Hours extended to 01:00 (previously 01:00).
• Sundays: Hours extended to midnight (previously 22:30). Late night refreshment permitted until midnight.
• Seasonal Variations: Christmas Eve, New Year's Eve, and Sundays preceding a Monday bank holiday extended to 04:00.
• Conditions:
  • Condition 20 (SIA Door Supervisors) amended to require five supervisors for nightclub operations, with flexibility for private events under Condition 22.
  • Condition 33 amended to allow glass bottles for champagne, premium spirits, and wines served by waiter service, with other drinks in plastic.
  • Condition 35 (under 18s) amended to allow under 18s for privately booked events.
  • New Condition 36 added: a complaints hotline advertised on the website and available at all times the premises are in use and for an hour afterwards.
• Plan: The updated plan showing only the lower floor was approved.

Reasons for Decision:

The committee acknowledged the CIA policy but noted the statutory guidance allowing for individual assessment. While refusing the full extent of the requested hours due to concerns about public nuisance and impact on residents, particularly on Thursdays and Sundays, they recognised the business's efforts to mitigate impact. The approved hours were deemed to strike a balance. The amendments to conditions were accepted as they had not been objected to by the police and were considered unlikely to harm licensing objectives or the CIA policy. The committee also noted the applicant's intention to install additional soundproofing and suggested liaison with the local residents' association regarding extended patrols.

The meeting concluded at 4:00 pm.